Terms Of Service

This Agreement ("Agreement") is entered into by and between Stirling Gardner and Stackt Digital, LLC (“Company,” “We,” “Us,” or “Our”) and You (“Client”). By signing this Agreement, you agree to purchase Offer Perfect or the 1-Slide Offer (“Program”) and accept the terms outlined herein.

1. Program Access and Materials

By enrolling in the Program, you receive immediate access to:

• A learning portal (with lifetime access)

• A personalized Google Drive containing all required resources (accessible for one year)

• Live group coaching calls (duration of the program)

• Live 1:1 coaching calls (should you have chosen a VIP or VIP Jr option)

• Feedback in the Facebook group (duration of the program)

• Templates, swipes, recorded training videos, and other proprietary materials (lifetime access)

• Lifetime Access: You will have lifetime access to the learning portal and resources contained therein.

• Google Drive Access: You will retain access to your shared Google Drive for one (1) year. Please ensure that you download or make copies of all resources before this time ends for your own safekeeping. The Company may remove your access to the shared Google Drive at any time after the 12-month period, without notice.

Clients can complete the Program at their own pace within this eight-week window.

VIP Coaching Calls

Duration: VIP 1:1 coaching calls are typically scheduled for 60 minutes each. Usage Time Frame: All VIP 1:1 calls that you have purchased must be used within the official time frame of the program. Any unused calls will not carry over beyond the program's end date. You may purchase additional calls at a reduced rate, if you’d like to add more.

Call Ending Notification: At the 55-minute mark of each VIP coaching call, you will be notified that there are a few minutes left to wrap up the session. If both parties are available and agree to extend the call beyond the scheduled 60 minutes, please note that the additional time will be deducted from your future scheduled calls.

2. Proprietary Materials and Licensing

All materials provided in the Program—including videos, templates, swipes, workbooks, and graphics—are the exclusive property of Stirling Gardner and Stackt Digital, LLC. You are granted a single-user, non-transferable, non-sublicensable license to use these materials for personal or business use only.

No Sharing: You agree not to share, reproduce, teach, or distribute any materials to third parties without written approval from Stirling Gardner.

OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by the Company, including trademarks,

copyrights, proprietary information, and other intellectual property.

We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”).

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.

USE OF FREE DOWNLOADABLE CONTENT

We may make resources on this Website accessible to users in exchange for providing an e-mail

address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable

license to use the Gated Content for your own personal or internal business use.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit

any of the Gated Content in any manner.

You agree that you may only use the Gated Content for your personal or internal business use.

You agree that you will not sell, redistribute, or create any derivative works based upon the

Gated Content and you will not offer any competing products or services based upon any

information contained in the Gated Content.

INTELLECTUAL PROPERTY

The Product(s) contain intellectual property owned by the Company, including trademarks,

copyrights, proprietary information, and other intellectual property, such as text, video,

graphics, design, logos, images, and the compilation thereof. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Product(s) (“IP”). All other names, logos, product and service names, designs and slogans in the Program are the

trademarks of their respective owners.

Your purchase of the Product(s) does not result in a transfer of any intellectual property to You.

As a condition of your purchase and use of the Product(s), You agree to observe and abide by all

copyright and other intellectual property protection. The Company grants You a single-use,

non-exclusive, non-transferrable, revocable, royalty-free license to access and use the

Product(s) for your personal or internal business use. You agree that You will not modify

(except as such modification may be necessary for completing or filling out templates or forms

for Your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale,

create derivative works, or in any way exploit any of the content, in whole or in part, found in

the Product(s), or offer any competing Product(s) or services based upon any information

contained in the Product(s).

The Company content is not for resale. Your participation in the Program does not entitle you

to make any unauthorized use of the IP. You agree not to delete or alter any proprietary rights

or attribution notices in any of the IP. You will use the IP solely for your individual or internal

business use and will make no other use of the IP without the express written permission of the

Company and the copyright owner. You agree that you do not acquire any ownership rights in

any of the IP. The Company does not grant you any licenses, express or implied, to the

intellectual property of the Company or our licensors except as expressly authorized herein.

You agree that any infringement of the Company’s IP shall result in an immediate termination

of the license granted in these Terms. If you make any unauthorized use of the Company’s IP,

your access to the Product(s) will be terminated immediately and you shall not be entitled to a

refund of any portion of the purchase price.

Licensing: Licensing opportunities are available but require separate written approval and a new contract, including additional fees.

3. Client Ownership of Creative Work

Any custom materials created for you during the Program (such as feedback, guidance, etc.) remain your property for personal and business use. However, you may not copy, teach, duplicate, or share these materials with others.

4. Support and Coaching Structure

Support is provided through:

• Live and recorded group coaching calls

• Live 1:1 coaching calls

• Feedback via Facebook group

• Email support with a maximum response time of 24-36 hours

Personalized Coaching:

• Group coaching calls offer up to 20 minutes of personalized coaching each week.

• Recorded feedback is provided on Mondays, Tuesdays, Thursdays, and Fridays. Questions must be submitted before 3:00 p.m. to receive feedback the following day.

• Questions submitted before 3:00 p.m. on Fridays will receive feedback on Monday.

• During live group calls, participants can receive up to 20 minutes of 1:1 feedback.

5. Optional Ongoing Support After Program Completion

While it is not necessary to complete the program within the eight-week timeframe, clients who wish to continue receiving support after their Program time is up may remain in the Facebook group and attend group coaching calls at a nominal rate. This is entirely optional and created for clients who seek ongoing support.

6. What is NOT Included

The following services are not included in Offer Perfect:

• Resources outside of the program, such as "Selling High Ticket Without a Sales Call" emails.

• Direct access to Stirling Gardner’s personal phone.

• Writing sales pages, emails, ads, or other copy for clients.

• Crafting graphics or slides for clients.

• Additional services (e.g., copywriting or design) may be available for an extra fee, to be agreed upon between Stirling Gardner and the Client.

7. Communication Guidelines

Prior to joining the Program, personal communication (e.g., via Stirling Gardner’s personal cell phone) may occur. However, once enrolled in the Program, all communication should occur through the Facebook group (primary channel) or email (secondary channel). Please note that emails carry a risk of getting lost, so the Facebook group is the preferred method for communication.

8. Payment Terms

The Program is available at the following pricing tiers:

$5000 for Group Coaching

$6750 for VIP Junior (includes three (3) one-hour 1:1 coaching calls)

$8500 for VIP (includes six (6) one-hour 1:1 coaching calls)


Payment Plans:

Clients may opt for a payment plan, the terms of which are subject to change at the discretion of the Company. Should a payment fail or be declined, the Client will be notified and given three (3) days to resolve the issue. If the payment is not resolved within this period, access to the learning portal and materials will be revoked. Once the issue is resolved, access will be restored within 48 hours.


Special Payment Plans:

In the event that a special payment plan is initiated, whether due to custom arrangements or otherwise, the following terms apply:

If the Client voluntarily withdraws from the Program before its completion, or if the Client is removed from the Program due to disruptive behavior, non-compliance with the program guidelines, or any other reason determined by the Company, the Client will remain financially responsible for the full amount of the Program as agreed upon at the time of enrollment.

All unpaid installments or balances will become immediately due and payable, and the Client forfeits any rights to refunds or further participation in the Program.

The Company reserves the right to pursue legal action to recover any outstanding payments, including but not limited to attorney's fees and costs of collection.

9. Refund Policy

You are entitled to a seven (7)-day unconditional refund. If you join the Program, receive instant access to the learning portal, attend group or 1:1 coaching calls, and decide within 7 days that the Program is not right for you, you can request a full refund with no questions asked.

10. Termination Policy

Stirling Gardner reserves the right to remove any client from the Program at any time if it is determined that the Client is not a good fit. If the Client is deemed disruptive, combative, or disrespectful to Stirling Gardner or other members of the Program, it is solely at Stirling Gardner’s personal discretion to remove the Client from the Program. Additionally, Stirling Gardner retains full discretion to determine whether a prorated refund for any remaining time will be provided.

• If a client is removed, they will be notified via email, and any credit issued will be applied to their credit card or by other means within 10 business days.

Stirling Gardner and his team strive to create an uplifting, positive, and respectful environment at all times.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of North Carolina. In the event of any disputes, the parties agree to first pursue mediation. If mediation is unsuccessful, arbitration will follow, conducted in accordance with the rules of the American Arbitration Association. The arbitration will take place in Buncombe County, North Carolina, unless another location is mutually agreed upon.

Each party will bear their own costs for mediation or arbitration. The costs of the arbitrator will be shared equally.

12. Liability and Indemnification

The Company does not guarantee any specific outcomes from your participation in the Program. You are responsible for implementing the strategies and materials provided, and the Company is not liable for any financial, business, or personal results.

You agree to indemnify and hold the Company harmless from any claims, damages, or losses arising from your breach of this Agreement.

13. Client Publicity and Testimonials

By participating in the Program, you grant Stackt Digital and Stirling Gardner permission to use your name, likeness, and any written or recorded materials (e.g., testimonials) in marketing and promotional materials.

14. No Transfer of Agreement

This Agreement may not be transferred or assigned to any third party without the written consent of both parties.

15. Entire Agreement and Modifications

This Agreement, along with the Privacy Policy and Disclaimer, constitutes the entire understanding between the parties. Any modifications to this Agreement must be in writing, signed by both parties, and attached to this document.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full effect.

© 2024 Stackt Digital All Rights Reserved